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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The plaintiff's assertion ① Upon the request of the defendant C, the plaintiff transferred the amount of KRW 20 million to C to the defendant's account. The plaintiff and the defendant did not have any transactional relationship, and the defendant constitutes the title-holder under the Act on Real Name Financial Transactions and Confidentiality, and thus, the defendant is obligated to return the above amount to the plaintiff as unjust enrichment.
② The Defendant: (a) knowingly informed that C does not have the intent or ability to repay the borrowed money to the Plaintiff, thereby allowing C to receive money from the Plaintiff using its own account; (b) this constitutes a joint tort committed by aiding and abetting C to use the passbook in order to assist C to commit fraud with the knowledge that C would commit fraud.
Therefore, the defendant is liable for the damages of the plaintiff as joint tortfeasor.
2. Determination ① In light of the following: (a) there is no dispute between the parties as to the claim for return of unjust enrichment; or (b) the Plaintiff remitted total of KRW 20,000,000 to the Defendant’s account on July 13, 2012, when comprehensively taking account of the Plaintiff’s statement and the entire purport of argument as to the claim for return of unjust enrichment; (c) it is recognized that the Defendant deposited total of KRW 22,00,000 from the Defendant’s account on the day when the Plaintiff received the above money from the Plaintiff; and (d) there is no dispute between the parties as to the Plaintiff’s lending KRW 20,00,00 to the Defendant’s account; and (e) in light of these circumstances, the Plaintiff transferred KRW 20,000 to the Defendant’s account, it is difficult to view that the Defendant acquired the Defendant’s deposit claim equivalent to the amount of the account transfer by the Plaintiff’s account transfer; and (e) there is no other evidence to acknowledge it otherwise.
Rather, the said money was withdrawn from the Defendant’s account at C’s request or used directly to C.